Aeronautical litigation refers to disputes involving aircraft, pilots, or manufacturers. Most cases involve personal injury claims due to negligence, but violations of FAA or NTSB rules can also lead to litigation. Aviation lawsuits can result in compensation for victims, fines, or license suspension. International aviation law aims to create uniform standards for safety.
The term “aeronautical litigation” is a broad term that can refer to any dispute in which an aircraft, pilot or aircraft manufacturer is a party. In the vast majority of cases, aviation litigation involves a tort claim by a plaintiff injured by the negligence of an airline, pilot or airplane manufacturer. However, litigation may be sought as a result of a violation of Federal Aviation Administration (FAA) rule or a violation of rules of the National Transportation Safety Board (NTSB) or other similar agency.
Although most people think of an automobile accident, the reality is that injuries sustained in many different types of accidents can be considered personal injury litigation. When a victim is involved in a plane crash, for example, she may file a personal injury lawsuit against the airline, the pilot or the aircraft manufacturer, or all of the above. A lawsuit like this is an example of aviation litigation.
In most jurisdictions, a victim of an aviation accident may be eligible to receive compensation for such injuries by filing an aviation lawsuit. In general, the plaintiff, or aggrieved person, must prove that the defendant was negligent in obtaining compensation. Negligence can be found by showing that the defendant had a duty of care to the plaintiff and that he breached that duty of care, resulting in injury to the plaintiff.
Although personal injury accidents make up the majority of litigation, an airline, airplane manufacturer, or pilot can also be involved in aviation litigation for violating a variety of aviation rules and regulations. In the United States, for example, both the Federal Aviation Administration (FAA) and the National Transportation Safety Board (NTSB) are involved in promulgating rules and holding people or companies accountable for violations of those rules. A violation can result in a substantial fine, suspension of a license, or worse. If an airline, manufacturer or pilot believes that a violation was not, in fact, justified, litigation could ensue.
Every country has an FAA equivalent. For example, in Europe, the agency in charge of setting and enforcing aviation rules is the European Aviation Safety Administration. Due to the international nature of the industry, a company can find itself involved in aviation litigation in a variety of jurisdictions. Aviation is one area of law where the nations of the world have made a concerted effort to create and enforce a uniform set of laws and standards in order to make the thousands of flights that fill the skies every day as smooth as possible.
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